DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alland Group Pty Ltd
(AG2016/7953)

ALLAND GROUP PTY LTD ENTERPRISE AGREEMENT – 2016/2019

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 21 MARCH 2017

Application for approval of the Alland Group Pty Ltd Enterprise Agreement - 2016/2019.

[1] An application has been made for approval of an enterprise agreement known as the Alland Group Pty Ltd Enterprise Agreement – 2016/2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alland Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alland Group Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The dispute arose between Alland Group Pty Ltd, an employer, and its employees represented by a union. The case was heard by the Fair Work Commission, which is the Australian workplace relations tribunal. The primary issue before the Commission was whether the enterprise agreement, which was intended to govern the terms and conditions of employment for the employees of Alland Group Pty Ltd, complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission examined whether the enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission considered whether the agreement provided for the terms and conditions of employment of the employees, including the minimum wages, leave entitlements, penalty rates, and other employment-related matters. The Commission also assessed whether the agreement had been negotiated in good faith and whether it complied with the provisions regarding the protection of employees' rights and interests.

After reviewing the evidence and arguments presented by both parties, the Fair Work Commission determined that the enterprise agreement was in compliance with the relevant provisions of the Fair Work Act. The Commission found that the agreement provided for the terms and conditions of employment for the employees, and that it had been negotiated in good faith. The Commission also concluded that the agreement did not unjustifiably discriminate against any class of employees and that it provided adequate protection for employees' rights and interests.

The Fair Work Commission approved the Alland Group Pty Ltd Enterprise Agreement - 2016/2019, and the agreement came into effect on the date of the Commission's decision. The approval of the enterprise agreement ensures that the terms and conditions of employment for the employees of Alland Group Pty Ltd are governed by the agreed-upon provisions, rather than the default provisions of the applicable modern award.

Alland Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established